The constitutional regulation of the acces to health care services

• Authors: Marcisz Ewa
• Languages of publication: PL

Abstracts

EN

One of the major components of the right to health is the access to health care services. The study focuses on the interpretation of article 68 paragraph 2 of the Constitution, paying particular attention to the current jurisprudence of the Supreme Court and the Constitutional Tribunal in this field. In particular, the study raises issues of the obligation to finance health care benefits from public funds. The interpretation of article 68 primarily leads to the conclusion that the legislature should aim at fully financing health care benefits from the public funds. The Constitution stipulates that the State, by guarantying everyone the right to health, takes on the burden of ensuring citizens' access to health care services to the fullest possible extent. The obligation to determine the conditions and scope of benefits includes the realization of this purpose. Financial difficulties related to the organization of the effective access to health care services can not become a mean of interpreting the Constitution.

Keywords

EN

right to health; health care services; Constitution; Supreme Court; Constitutional Tribunal; financing health

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Studia Prawnicze
• Year: 2011
• Issue: 3-4 (189)
• Pages: 63-68

Contributors

author

Marcisz Ewa

• Instytut Nauk Prawnych PAN, ul. Nowy Świat 72, 00-330 Warszawa, Poland